Bill Text: NY S01265 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires financial security for reclamation for solar and wind electric generating systems.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01265 Detail]
Download: New_York-2023-S01265-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1265 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sens. BORRELLO, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Tele- communications AN ACT to amend the public service law and the executive law, in relation to requiring financial security for reclamation for solar and wind electric generating systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 66-u to read as follows: 3 § 66-u. Financial security for reclamation for solar and wind electric 4 generating systems. 1. Before the commission may issue a permit or find 5 a solar or wind electric generating system in compliance with any terms 6 and conditions set forth in any permit already issued, the applicant 7 shall furnish financial security to ensure the performance of reclama- 8 tion as provided in the approved plan for a solar or wind electric 9 generating system and naming the state as beneficiary. Financial securi- 10 ty shall be in the form of a bond from a corporate surety licensed to do 11 business as such in the state or any other form the commission deems 12 acceptable. Any interest accruing as a result of such security shall be 13 the exclusive property of the permittee. 14 2. The commission shall determine the amount, condition, and terms of 15 the financial security. The amount shall be based upon the estimated 16 cost of reclaiming the affected land, which shall be based on informa- 17 tion contained in the permit application and upon such information as an 18 investigation by the commission may disclose. 19 3. The financial security shall remain in full force and effect until 20 the commission has approved the reclamation. At the discretion of the 21 commission, the permittee may secure the release of that portion of the 22 financial security for affected land on which reclamation has been 23 completed and approved by the commission. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03973-01-3S. 1265 2 1 4. If the financial security shall for any reason be cancelled, within 2 thirty days after receiving notice thereof, the permittee shall provide 3 a valid replacement under the same conditions as described in this 4 section. Failure to provide a replacement bond within such period may, 5 at the discretion of the commission, result in the immediate suspension 6 of the permit. 7 5. If a permit is suspended or revoked, the commission may require the 8 permittee to commence reclamation upon thirty days notice. 9 6. If the permittee fails to commence or to complete the reclamation 10 as required, the commission may attach the financial security furnished 11 by the permittee. In any event, the full cost of completing reclamation 12 shall be the personal liability of the permittee and/or the person 13 owning or operating the solar or wind electric generating system and the 14 commission, acting by the attorney general, may bring suit to recover 15 all costs to secure the reclamation not covered by the financial securi- 16 ty. The materials, machinery, implements and tools of every description 17 which may be found at the solar or wind electric generating system site, 18 or other assets of the permittee and/or the person owning or operating 19 the solar or wind electric generating system shall be subject to a lien 20 of the commission for the amount expended for reclamation of affected 21 lands and shall not be removed without the written consent of the 22 commission. Such lien may be foreclosed by the attorney general in the 23 same manner as a mechanic's lien. 24 7. Political subdivisions, municipalities, the United States and any 25 of its agencies and agencies of the state shall be exempt from the 26 requirements of this section. 27 § 2. Section 94-c of the executive law is amended by adding a new 28 subdivision 9 to read as follows: 29 9. Financial security for reclamation for solar and wind electric 30 generating systems. (a) Before the office may issue a siting permit for 31 a solar or wind electric generating system or find a solar or wind elec- 32 tric generating system in compliance with any terms and conditions set 33 forth in any siting permit already issued, the applicant shall furnish 34 financial security to ensure the performance of reclamation as provided 35 in the approved pre-application public involvement program plan for a 36 solar or wind electric generating system and naming the state as benefi- 37 ciary. Financial security shall be in the form of a bond from a corpo- 38 rate surety licensed to do business as such in the state or any other 39 form the office deems acceptable. Any interest accruing as a result of 40 such security shall be the exclusive property of the permittee. 41 (b) The office shall determine the amount, condition, and terms of the 42 financial security. The amount shall be based upon the estimated cost of 43 reclaiming the affected land, which shall be based on information 44 contained in the siting permit application and upon such information as 45 an investigation by the office may disclose. 46 (c) The financial security shall remain in full force and effect until 47 the office has approved the reclamation. At the discretion of the 48 office, the permittee may secure the release of that portion of the 49 financial security for affected land on which reclamation has been 50 completed and approved by the office. 51 (d) If the financial security shall for any reason be cancelled, with- 52 in thirty days after receiving notice thereof, the permittee shall 53 provide a valid replacement under the same conditions as described in 54 this section. Failure to provide a replacement bond within such period 55 may, at the discretion of the office, result in the immediate suspension 56 of the siting permit.S. 1265 3 1 (e) If a siting permit is suspended or revoked, the office may require 2 the permittee to commence reclamation upon thirty days notice. 3 (f) If the permittee fails to commence or to complete the reclamation 4 as required, the office may attach the financial security furnished by 5 the permittee. In any event, the full cost of completing reclamation 6 shall be the personal liability of the permittee and/or the person 7 owning or operating the solar or wind electric generating system and the 8 office, acting by the attorney general, may bring suit to recover all 9 costs to secure the reclamation not covered by the financial security. 10 The materials, machinery, implements and tools of every description 11 which may be found at the solar or wind electric generating system site, 12 or other assets of the permittee and/or the person owning or operating 13 the solar or wind electric generating system shall be subject to a lien 14 of the office for the amount expended for reclamation of affected lands 15 and shall not be removed without the written consent of the office. Such 16 lien may be foreclosed by the attorney general in the same manner as a 17 mechanic's lien. 18 (g) Political subdivisions, municipalities, the United States and any 19 of its agencies and agencies of the state shall be exempt from the 20 requirements of this section. 21 § 3. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law; provided, however, that the amendments to 23 section 94-c of the executive law, made by section two of this act, 24 shall not affect the repeal of such section and shall be deemed repealed 25 therewith. Effective immediately, the addition, amendment and/or repeal 26 of any rule or regulation necessary for the implementation of this act 27 on its effective date are authorized to be made and completed on or 28 before such effective date.
